South Dakota § 20-9-4.2 - Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted.
Full text of South Dakota South Dakota Codified Laws § 20-9-4.2 — Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted., with citation guidance and answers to common questions.
§ 20-9-4.2. Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted.
A minor as defined in § 26-1-1 may be treated by a licensed physician before the minor's parent's or guardian's consent is obtained if a parent or guardian is not immediately available and if, in the opinion of the treating physician, exercising competent medical judgment, the attempt to secure the consent would result in delay of treatment which would threaten the minor's life or health.
No physician, hospital, or other person assisting in the treatment of a minor may be held liable for providing medical or surgical treatment for a minor without consent of the minor's parent or guardian, if in the opinion of the treating physician, exercising competent medical judgment, the minor's life or health would be threatened by delaying treatment.
This section does not apply to an elective abortion or to sterilization or to any device or medication for the control of birth, nor shall it be construed to constitute a modification or repeal of any other current provision of law pertaining thereto.
Source: SL 1983, ch 208, §§ 1, 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 20-9-4.2
What does South Dakota Codified Laws § 20-9-4.2 cover?
Section 20-9-4.2 ("Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 20-9-4.2?
A common citation format is "South Dakota Codified Laws § 20-9-4.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 20-9-4.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.